2025:UHC:3216 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA 29TH APRIL, 2025 ANTICIPATORY BAIL APPLICATION NO.410 of 2025 Rajeev Kumar Sharma ..…Applicant Versus State of Uttarakhand ..…Respondent Counsel for the Applicant : Mr. Bhuwan Bhatt, Advocate. Counsel for the State : Mr. G.S. Sandhu, Additional Advocate General assisted by Mr. Deepak Bhardwaj, Brief Holder. Hon’ble Alok Kumar Verma,J. The present Application has been filed by the applicant-Rajeev Kumar Sharma seeking anticipatory bail in Case Crime No.135 of 2025, registered at Police Station Bahadarabad, District Haridwar under Section 316(4) of the Bharatiya Nyaya Sanhita, 2023. 2. As per the First Information Report dated 25.03.2025, the applicant was working as in-charge in the dispatch department of Haridwar Patanjali Yogpeeth from 01.08.2010. The allegation against him is that products worth Rs.3,30,18,631/- (Rupees Three Crore Thirty Lakh Eighteen Thousand Six Hundred Thirty One) 1 2025:UHC:3216 were misappropriated by him. He had admitted his guilt. He issued three cheques in favour of Patanjali Yogpeeth. 3. Heard Mr. Bhuwan Bhatt, learned counsel for applicant and Mr. G.S. Sandhu, learned Additional Advocate General for State. 4. Mr. Bhuwan Bhatt, Advocate, contended that the said allegation of misappropriation is false and fabricated. Applicant was appointed as Computer Operator in the Dispatch Department of Patanjali Yogpeeth. He was assigned the duties to receive the orders. He was not assigned any duty for collection of any money. He was in illegal custody of the officers of Patanjali Yogpeeth. He signed the said cheques under compulsion. The wife of the applicant sent a missing report to the Senior Superintendent of Police, Haridwar. Applicant approached the Police Station Kankhal on 23.01.2025, but the police refused to register the First Information Report. Thereafter, applicant filed a complaint before the Court of Judicial Magistrate, II, Haridwar. In the said complaint case (Complaint Case No.564 of 2025, “Rajeev Kumar Sharma Vs. Ankur Gupta and Others”), the learned Magistrate has issued the summons to the accused persons. 2 2025:UHC:3216 5. Mr. Bhuwan Bhatt, Advocate, further submitted that the applicant does not have any criminal antecedents. He is a permanent resident of District Haridwar, therefore, there is no possibility of his absconding. 6. Mr. G.S. Sandhu, learned Additional Advocate General, on the other hand, on instructions submitted that the Investigating Officer is not going to arrest the applicant. However, he has opposed the anticipatory bail application orally. 7. Personal liberty under Article 21 of the Constitution of India is very precious fundamental right and it should be curtailed only when it becomes imperative according to the peculiar facts and circumstances of the case. 8. Having heard the submissions of learned counsel for the parties and keeping in view of the facts and circumstances of the case, the present Application, filed for anticipatory bail, is allowed. It is directed that in the event of arrest of the applicant Rajeev Kumar Sharma, he shall be released on anticipatory bail on executing a personal bond of Rs. 30,000/- and two reliable sureties, each of the like amount, to the satisfaction of the Arresting Officer, subject to the 3 2025:UHC:3216 following conditions:- (i) Applicant shall cooperate with the Investigating Agency and he shall make himself available for interrogation by a police officer as and when required; (ii) If the charge-sheet is filed, the applicant shall attend the trial court regularly and he shall not seek any unnecessary adjournment; (iii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case; (iv) Applicant shall not leave the country without the previous permission of the trial court. 9. It is made clear that if the applicant misuses or violates any of the conditions, imposed upon him, the prosecution agency will be free to move the Court for cancellation of the anticipatory bail. ___________________ ALOK KUMAR VERMA, J. Dt:29.04.2025 Neha 4 NEHA BISHT Digitally signed by NEHA BISHT DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6f1c15b6305912b3f008e9a4a8038ee7326b08b2d0e018b01be753f014836d27, postalCode=263001, st=UTTARAKHAND, serialNumber=3D89DC33779FB9677068452F32DE6BA960BFE64D819EE44CA9CCE487B2FE0F9 2, cn=NEHA BISHT Date: 2025.04.29 18:39:34 +05'30'